civics ch 4 vocab

Civil liberties

Fundamental , legally guaranteed rights and freedoms that protect individuals from arbitrary government interferences.

Bill of rights

The first 10 amendments to the constitution, that guarantees individual liberties

1st amendment

Prohibits government restrictions on religion, speech, press, assembly, and petition

14th amendment

Grants citizenship to all born/naturalized in the US and guaranteeing “equal protection of the laws” and “due process” against state violations.

Incorporation doctrine

A legal principle through which the Supreme Court makes the first 10 amendments applicable to the state governments via the due process clause of the 14th amendment

Establishment clause

found in the first amendment- prohibits the government from establishing an official religion, preferring one religion over another, or favoring religion over non religion

Free exercise clause

Found in the first amendment- prohibits the government from interfering with an individual’s right to practice their religion or no religion at all.

Prior restraint

A form of government-imposed censorship that prohibits speech or other expression before it can take place

Libel

A published, written, or broadcasted false statement that damages a persons reputation

Symbolic speech

A nonverbal, nonwritten communication that conveys a political or social message

Commercial speech

expression that solely proposes a commercial transaction -advertising, brand marketing, or product labeling

Clear and present danger test

Determines when free speech loses its 1st amendment protection

Double jeopardy

Procedural defense that prohibits the government from prosecuting an individual twice for the same offense after an acquittal or conviction

Probable cause

A fourth amendment standard requiring sufficient, articulate facts and reasonably trustworthy information to warrant a search.

Unreasonable search and seizures

A violation of the 4th amendment- occurs when law enforcement conducts a search or takes evidence without a valid warrant.

Search warrant

A court ordered document signed by a judge or magistrate, authorizing law enforcement to search a specific location, person, or vehicle

Exclusionary rule

A legal doctrine the that prevents evidence collected or analyze, and violation of a defendant constitutional rights from being used in a court of law

5th amendment

Guarantees the right to a grand jury, prohibits “double jeopardy”, protects against self-incrimination, ensures due process of a law, and mandates just compensation for taking private property

Self incrimination

The act of exposing one’s self to an accusation or charge of crime, or involvement in s criminal act.

6th amendment

Guarantees rights for people accused of crimes in federal and state courts, ensuring a fair, prompt, and public trial.

Plea bargaining

negotiated agreement between a prosecutor and a criminal defendant, whereby the defendant agrees to plead guilty to lesser offense or to one or more multiple charges and exchange for a concession from the prosecutor

8th amendment

Cruel and unusual punishment

Prohibits the government from imposing or courts from sentencing punishments that are deemed inhumane, excessively harsh or barbaric

Right of privacy

Individuals right to be free from unwarranted, governmental, or republics and depression private affairs

Miranda rights

Set a constitutional protection, requiring law-enforcement, to inform suspects of their right to remain silent with attorney prior to custodial interrogation

Due process clause

found in the fifth and in the fifth and 14 amendments, prohibits, federal and state government depriving any person of life, liberty, or property without due process of law